Section 216 — Housing Act 2004: Overcrowding

Overcrowding 216 1 The appropriate national authority may by order make such provision as it considers appropriate for and in connection with—

a determining whether a dwelling is overcrowded for the purposes of Part 10 of the Housing Act 1985 (c. 68) (overcrowding);

b introducing for the purposes of Chapter 3 of Part 4 of this Act a concept of overcrowding similar to that applying for the purposes of Part 10 (and accordingly removing the discretion of local housing authorities to decide particular issues arising under those sections);

c securing that overcrowding in premises to which Chapter 3 of Part 4 of this Act would otherwise apply, or any description of such premises, is regulated only by provisions of Part 10.

2 An order under this section may, in particular, make provision for regulating the making by local housing authorities of determinations as to whether premises are overcrowded, including provision prescribing—

a factors that must be taken into account by such authorities when making such determinations;

b the procedure that is to be followed by them in connection with making such determinations.

3 An order under this section may modify any enactment (including this Act).

4 In this section—

a any reference to Part 10 of the Housing Act 1985 includes a reference to Part 10 as modified by an order under this section;

and b “ enactment ” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).